2006-092-RES-Avigation Easement property belonging to Bobby Lee Lemons & Kari Ann Lemons
RESOLUTION NO. 2006-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE APPROVAL AND ACCEPTANCE OF
AN A VIGATION EASEMENT OVER PROPERTY BELONGING TO BOBBY
LEE LEMONS AND KARl ANN LEMONS FOR FUTURE EXTENSIONS OF
RUNWAYS AT COX FIELD AIRPORT IN PARIS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Engineer has advised the City Council of the need for an A vigation
Easement over property belonging to Bobby Lee Lemons and Kari Ann Lemons which will be
necessary for possible expansion of the runways at Cox Field Airport in Paris, Texas; and,
WHEREAS, the form of A vigation Easement is shown on Exhibit A attached hereto and
made a part hereof; and,
WHEREAS, the City Council finds that the above-described A vigation Easement is
necessary for the future expansion of runways at the Cox Field Airport and that the same should be
accepted; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the A vigation Easement over property belonging to Bobby Lee Lemons and
Kari Ann Lemons to be used for the future expansion of runways at Cox Field Airport in the form
attached hereto as Exhibit A and the same is hereby, approved and accepted.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 26th day of June, 2006.
;tck /?l!~y
Richard Manning, Mayor
ATTEST:
APPROVED AS TO FORM:
-//
r w-'-h
/!2 tv
/-J.
hn D. Lestock, Assistant City Attorney
A VIGATION EASEMENT
ST ATE OF TEXAS S
COUNTY OF LAMAR S
WHEREAS, we, Bobby Lee Lemons, Jr. and Kari Ann Lemons, of Lamar County,
Texas, hereinafter called Grantor, are the owners of that certain parcel of land situated in
the County of Lamar and State of Texas, more particularly described as follows:
SITUATED in Lamar County, Texas, being part of a tract of land
conveyed to Bobby Lee Lemons, Jr. and wife Kari Ann Lemons by a deed
recorded in Book 983, Page 319 of the Real Property Records of Lamar
County, Texas;
BEGINNING in the North Boundary Line of said tract of land, said
point also being in the South Boundary Line of a tract of land conveyed to
the City of Paris by a deed recorded in Book 321, Page 422 of the Deed
Records of Lamar County, Texas, said point also being North 88008100" East
a distance of 45.82 feet from the most Southern Southwest Corner of said City
of Paris Tract;
THEN CE North 88008100" East along the North Boundary Line of said
Lemons tract and the South Boundary Line said City of Paris tract a distance
of 625.09 feet to a point;
THENCE South 11040'26" East a distance of 1290.88 feet to a point;
THENCE South 86051125" West a distance of 1010.00 feet to a point;
THENCE North 5023'1611 East a distance of 1304.96 feet to the place of
BEGINNING and containing 24.09 acres of land.
NOW, THEREFORE, in consideration of the sum of TEN AND NO /100 DOLLARS
($10.00) and other good and valuable consideration, receipt of sufficiency of which is
hereby acknowledged, Grantor does hereby grant unto the CITY OF PARIS, Lamar
County, Texas, a municipal corporation, hereinafter called Grantee, its successors and
assigns, for the use and benefit of the public, an easement and right-of-way, appurtenant
to Cox Field Airport, for the passage of all aircraft (" aircraft" being defined for the
purposes of this instrument as any contrivance now known or hereafter invented, used, or
EXHIBIT A.
designed for navigation of or flight in the air) by whomsoever owned and operated, in the
air space above Grantor's property above a Mean Sea Level of 537.32 feet at their North
Boundary Line and above a Mean Sea Level of 575.06 feet at their South Boundary Line,
said Mean Sea Level points being connected by a line at an angle of 1041'01" to the
horizontal, to an infinite height above said line connecting said two Mean Sea Level points,
together with the right to cause in all air space above the surface of Grantor's property such
noise, vibration, fumes, dust, fuel and lubricant particles, and all other effects that may be
caused by the operation of aircraft landing at, or taking off from or operating at or on said
Cox Field Airport; and Grantor does hereby fully waive, remise and release any right or
cause of action which they may have or which they may have in the future against Grantee,
its successors and assigns, whether such claim be for injury to person or property, due to
noise, vibration, fumes, dust, fuel and lubricant particles, and all other effects that may be
caused or may have been caused by the operation of aircraft landing at, or taking off from,
or operating at or on said Cox Field Airport. This instrument does not release the owners
or operators of aircraft from liability for damage or injury to person or property caused by
falling aircraft or falling physical objects from aircraft, except as stated herein with respect
to fumes, dust, fuel and lubricant particles.
Grantor further covenants and agrees, and by said agreement does hereby bind and
obligate his heirs, successors, and assigns, that by grant of this easement they shall not
build, construct, erect, or in any way allow the erection or construction of any structure or
other edifice which would in any way be of such height as to intrude, penetrate, or interfere
with Grantee's use and benefit of the easement granted herein, and that Grantor's
representation to refrain from such interference with said easement shall be and is hereby
a material covenant attending to and forming a portion of the right-of-way and easement
granted to Grantee herein.
TO HAVE AND TO HOLD said easement and right of way and all rights
appertaining thereto unto the Grantee, its successors and assigns until said Cox Field
Airport shall be abandoned and shall cease to be used for public airport purposes, it being
understood and agreed that these covenants and agreements shall run with the land.
Grantee herein, in accepting this avigation easement, and in paying the stated
consideration therefor, in no sense is admitting legal liability for damages to Grantor or
Grantor's property, nor to any abutting or vicinal property in this area.
IN WITNESS WHEREOF, Grantor has hereunto set his hand, this _ day of June,
2006.
Bobby Lee Lemons, Jr.
Kari Ann Lemons
THE STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Bobby Lee Lemons, Jr., known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
,2006.
Notary Public, State of Texas
THE STATE OF TEXAS S
COUNTY OF LAMAR S
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Kari Ann Lemons, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that she executed the
same for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of
,2006.
Notary Public, State of Texas
RETURN TO: City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
w
E
CITY OF PARIS
COX FIELD AIRPORT
DR VOL 321, PG 422
N
s
N 88'08'00" E 625.09
SCALE: 1"=300'
\
BOBBY LEE LEMONS JR. AND
WIFE KARl ANN LEMONS
RP VOL 983, PG 319
JIM AND EDITH FERGSUSON
LIMITED PARTNERSHIP
TRACT 3
RP VOL 1120, PG 158
I~
.f
'0
,It)
...
~\
law
<0
...
,it)
'f'4
It)
12
~
~,
~,
o.
~\
TRACT NO. 1
24.09 ACRES
~,
~,
o
.~\
\
L
S 86'51'25~ ~ J..Qlo.qo,
J
-"
,,-
TRACT NO. 1
SITUATED in Lamar County, Texas, being part of tract of land conveyed to Bobby
Lee Lemons Jr. and Wife Kari Ann Lemons by a deed recorded in Book 983,
Page 319 of the Real Property Records of Lamar County, Texas;
BEGINNING in the North Boundary Line of said tract of land, said point also
being in the South Boundary Line of a tract of land conveyed to the City of
Paris by a deed recorded in Book 321, Page 422 of the Deed Records of Lamar
County, Texas, said point also being North 88'08'00" East a distance of 45.82
feet from the most Southern Southwest Corner of said City of Paris Tract;
THENCE North 88'08'00" East along the North Boundary Line of said Lemons
tract and the South Boundary Line of said City of Paris tract a distance of
625.09 feet to a point;
THENCE South 11'40'26" East a distance of 1290.88 feet to a point;
THENCE South 86'51'25" West a distance of 1010.00 feet to a point;
THENCE North 5'23'16" East a distance of 1304.96 feet to the place of
BEGINNING and containing 24.09 acres of land.
rr-jiL (ClIllliW @ B' ~A\RfIt$'
0,"'._,;,,1..........;. W~ ~"...__..._~
AVIGATION EASEMENT
NORTH. SOUTH RUNWAY EXTENSION
COX FIELD, PARIS, TEXAS
JUNE 2006